WAYNE Bishop is aware of the controversy that might be caused by a court ruling which freed him from prison so he could look after his children.
But the convicted burglar has asked critics to consider "the pressures of being a single parent" before they disagree with that ruling.
Mr Bishop, 33, of Brooksby Lane, Clifton, was given an eight-month prison sentence in April after he admitted dangerous driving and burglary of Mansfield Rugby Club in September last year.
But yesterday, two judges at London's Court of Appeal said his sentence should be suspended – allowing him to be freed from prison and reunited with his five children.
As he was being driven home from HM Prison Ranby, Mr Bishop spoke to the Post, saying: "A prison officer came up to me and said 'pack your bags you're going home'. I was jumping up and down in my cell when I heard the news.
"I couldn't believe it, words can't describe how happy I am. I'm free and I'm overjoyed. I never thought they would accept my appeal."
The full-time father said he could understand his release getting an unpopular reaction, but people needed recognise the stresses of being a single parent.
"I can understand what they are saying," he said. "But it was the first time I've committed a burglary. It was a commercial burglary, I've got sympathy for my victims, and I haven't denied it.
"I can see how it's going to get a good and a bad reaction. But all those people giving it a bad reaction need to think about single parents.
"I hope this ruling goes someway to helping others who find themselves in my situation."
He had been the sole carer for his children five days a week. But after he was sentenced on April 11, Bishop's children – Courtney, 13, Katie, 11, Taylor, 9, Brandon, 7, and Kyle, 5 – have been staying with his sister Sherrie McKinlay, 35, of Gregory Boulevard, Lenton.
Mr Bishop's family said the children's mother, also from Clifton, was unable to care for the children during the week because she worked.
Mrs McKinlay, who has seven children of her own, said: "We'll be so pleased to have him back, his kids have really missed him. He will provide some stability which I think they really need."
Mrs McKinlay picked her brother up from prison yesterday and took him back to his Nottingham City Homes property where he hugged his children with open arms.
Bishop and three other men burgled the rugby club on September 2 last year but came away empty-handed except for a couple of Mars bars. He and one of his accomplices drove off in a van, before he clipped a police vehicle and drove through red lights. He eventually drove up a dead-end street and was arrested.
Bishop's legal team had argued family commitments had not been given enough weight at the original sentencing.
At the Court of Appeal, Mr Justice Maddison said: "It is important that criminals should not think that children can provide some sort of licence to commit criminal offences with impunity.
"All of that said, however, we have to be aware of the highly unsatisfactory and difficult situation faced by the children and those now doing their best to look after them."
He has now been given eight months in prison, suspended for two years, plus 12 months supervision from the Probation Service and a three-month curfew.
A spokesman for campaigning human rights group Justice said: "The courts have to balance the seriousness of an offence with the rights of innocent children who may end up in care or in poverty because of a parent's imprisonment."
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